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ALP 15
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ALP 15
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12/22/2016 8:45:03 AM
Creation date
4/2/2013 4:34:48 PM
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Animas La Plata Project
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Page 6 <br />2.3 Acquisition of Water Supply. <br />2.3.1 Determination of Purchase Price. Within 15 days after exercise of the Option, <br />the Authority shall provide the Purchaser with a notice setting forth the Purchase Price due to the <br />Authority at closing. This amount shall be the total of the Water Charge and the Specific Cost <br />Charge, each calculated as follows: <br />2.3.1.1 The Water Charge shall be the sum of the Base Water Charge and the <br />Additional Water Charge, if applicable. The Base Water Charge shall equal the number of acre feet <br />of annual depletion optioned herein (1,900 acre feet), divided by 2,600, and then multiplied by <br />$6,674,350, or $4,877,409. The Additional Water Charge shall equal the number of acre feet of <br />annual depletion optioned herein, divided by 2,600, and then multiplied by that portion of additional <br />Joint Project Costs included in the Additional Repayment Obligation actually determined for the <br />ALPD Depletion Allocation (e.g., 3.07% of Joint Project Costs that exceed $217,287,950 and are <br />reasonable and unforeseen). <br />2.3.1.2 The Specific Cost Charge. The Specific Cost Charge shall be the sum <br />of the Specific Cost Charge on account of General Items of Specific Cost, and the Specific Cost <br />Charge on account of Special Items of Specific Costs. The Specific Cost Charge on account of the <br />General Items of Specific Costs shall equal the total number of acre feet of annual depletion <br />acquired, divided by 2,600, and then multiplied by the total cost of General Items of Specific costs <br />for the ALPD Depletion Allocation, including the General Items of Prepaid Specific Costs. The <br />Specific Cost Charge for Special Items of Specific Costs shall equal the total cost of Special Items of <br />Specific Costs that benefit the Purchaser. <br />2.3.2 Relinquishment of ALPD Depletion Allocation. The Purchaser may elect to <br />relinquish that portion of the 1,900 acre feet of ALPD Depletion Allocation optioned herein assigned <br />to the Additional Water Charge, as determined in accordance with Paragraphs 8 and 9 of the Funding <br />Agreement, by delivering notice of such relinquishment as a part of the notice of exercise of option <br />in Paragraph 2.2.4 above. If the Purchaser does elect to relinquish that portion of the ALPD <br />Depletion Allocation optioned herein, then the Purchase Price shall be reduced by the amount of the <br />Additional Water Charge that would otherwise apply to the 1,900 acre feet of annual depletion <br />optioned herein, the Purchaser shall not be obligated to pay such Additional Water Charge, and the <br />relinquished portion of the ALPD Depletion Allocation shall be available for acquisition from the <br />Authority by other water users, or for relinquishment by the Authority pursuant to Paragraph <br />8(b)(2)(iii) of the Funding Agreement. Purchaser shall nevertheless remain responsible for payment, <br />as a part of the Purchase Price, of the entire Specific Cost Charge attributable to the ALPD Depletion <br />Allocation acquired. <br />
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